Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1887-07-15
AnAppcaifo flle SYNOD.

The following appeal of Rev. Francis NJ.
Todd from the recent action of the Presby.
terry of Washington city in his case was yes
terday filed with the moderator of the Pres
bytery, Rev. John L. French, by Rev. DR..
Sunderland, the counsel of Mr.. Todd:
l, the undersigned, Francis NJ. Todd i,
appeal from the final judgment of Washing
ton City Presbytery in my case to the
Synod of Baltimore upon the following
grounds:
l. The irregularity of The proceedings of
the Presbytery of Washington city in the
finding aud form of judgment in my case
entered upon the record. Under Chap. g.
Sec 95
g. The finding of the court by a nearly
two-thirds vote was al acquitta. Ths law
requires that the judgment shall be entered
according TO tine finding, which should simp-
y have been Not guilty."
s. This form CT the judgment contains
surplusage calculated TO confuse and TO mis-
lead in regard TO the actual finding by the
vote, and renders possible a construction Of
censure after my acquttal by the court.
1. From the records of the court 1t APP
pears that two members Of the judicial COM
m;ttee who assisted in formulating the
judgment as i. is entered were members OF
the minority Of the report who voted TO con-
Wet me. And | submit whether. after
had been acquitted, any member of the mi
nority who voted against me should have
been permitted to have any part in iormu-
lating the final judgment.
.. The Judgment, in its prcsen form,
amounts to the old Scotch verdict Of mot
proven" which species OF verdict is I'M
known TO our church law and church courts
1t is simply saying, 1--WE believe he is gull
ty, but the hook does not permit lis 10 say
So" or, otherwise, it is saying, I'VE would
gladly convict him if the evidence were sui-
ficient, but, being insufficient, as we confess,
we desire to express our confidence in the
story of the principal witness, noLwithstand-
ing that we are forced to acquit the &C.
cused'
6. Furthermore, it is irregular in this,
that when the roll was called for the vote 10
Sustain" Or mot sustain" the records show
that not in single instance was any reason
given by any member Of the court for the
way in which he voted, and the records also
show that no such reasons were recorded or
required to be recorded by any individual,
although on the recommendation of the
judicial committee the court adopted the
following order THAT each member have
the right, when called on for his vote, to ex-
plain his reasons therefor, and if he so de-
sire, have those reasons entered, in brief, on
the record. This omission to have reasons
recorded in connection with the vote, which
was nearly two-thirds vote for acquittal,
was irregularly sought to be supplied in the
formulation of the judgment rs entered on
the record, thus depriving me ola clear YER.
dict of acquitta TO which was justly emit
tied.
For the above reasons and others that
may appear before synod the undersigned
takes his appeal under the provisions of our
book of discipline, and reserving al the
rights which, under the same, apperlain 10
him and requesting the stated clerk of
Presbytery to enter this appeal at length
upon the record, as by our law directed.
FRANCIS NJ. TODD,
per counsel), B. SUNDERLAND
Washington, D. c., Tuesday, JAY II, 1857